Can ‘Digital Distance Education’ be illegal regarding copyright law?

What is E-Education?

E-education, E-learning or Digital Distance Education is a lively and expanding field. The term is applied to a range of educational processes that is extremely diffuse. The most fundamental definition (and the simplest one) of the distance education is the following: “a form of education in which students are separated from their instructors by time and/or space” (M. Papadopoulou, Copyright Limitations and Exceptions in an E-Education Environment, European Journal of Law and Technology. 2010, 1(2)).

Such particular education has attracted much success thanks to the use of new technologies (ICT) to improve the achievement of educational objectives.

Does E-Education comply with copyright protection?

While it is clear that a teacher is entitled to show copyrighted pictures to his students in his classroom for educational activities, the question whether a teacher can display images online for E-education is less clear.

The relevant provision is Article 10(2) of the Berne Convention, which provides that Member States must permit the use of copyrighted works for teaching, to the extent that it is justified by the purpose and that such use is compatible with fair practice. Since nothing in the Berne convention indicates that E-education should be excluded from the exception, some commentators considered that so long as the purpose is teaching, the use of digital technology to transmit or conduct such teaching should not threaten the legitimacy of the limitation in any way.

A view from the UK

It should however be noted that this exception has been narrowed by most countries through the national implementation laws due to some reluctance in this matter. The UK position is an example, as the 2003 Regulations have strengthened the regime with several conditions, which are stricter when the instructions are for commercial purposes.

Nevertheless, as stated by Stokes, “in today’s educational environment the boundary between instruction for commercial and non-commercial purposes is often blurred, not least where professional education is concerned”(S. Stokes, Digital Copyright Law and Practice, 2014, 4^th ed. Oxford: Hart Publishing Ltd).